Driver wins federal case against UPS

Paul Warren, 43, of Rockport, who delivers packages along a route in Whitefield, was taken off the road in 2001 after being diagnosed with epilepsy.

When he was cleared to drive again, UPS said he had to have a federal Department of Transportation driving card even though it isn't required by Maine or the federal government to drive vehicles weighing less than 10,001 pounds. Warren was driving a 8,500-pound truck.

This is an odd case. On first blush it looks like both the Driver and UPS made out OK. Mr Warren received back pay to make up for the limited availability of overtime in the inside work he got through grievance while he was undergoing treatment. And UPS got some cover to use in court in case he were to ever have a seizure and kill someone in a UPS vehicle. (highly unlikely according to his doctors)

But the really interesting thing here is it appears that the courts are forcing UPS to put him back on the road without a DOT card. This he can manage because the state he is in does not require one for under 10,001 pound vehicles, which is used for that route.

So what happens if the route grows and they have to put it in a larger vehicle? Does he go back inside at that point? Or can he bump a possibly more senior driver off another smaller route? It seems state law is requiring UPS to keep him on the road, and state law after all supersedes the contract.